C.K.BUCH - (1.) The appellant -lady Kamlaben wife of Govindbhai Bababhai Sharma has preferred this appeal under Sec. 374 of Code of Criminal Procedure, 1973 and has challenged the judgment and order of conviction and sentence holding her guilty of the offence punishable under Sec. 302 of I.P.C. The learned Additional Sessions Judge, District Kheda at Nadiad at the end of the trial of Sessions Case No. 82 of 1990 convicted the appellant under impugned judgment dated 16th May, 1992, and has imposed punishment of life imprisonment and fine of Rs.500.00 and in default of fine, one month R.I.
(2.) To appreciate the grievances of the appellant for the verdict recorded by the lower court vis-a-vis the case of the prosecution, we would like to state case of prosecution in brief. According to the prosecution, the appellant, (hereinafter referred to as the accused), is the step -mother of deceased Rasila. Family of the accused and the deceased were residing in village Pathavat (Bar Muvada) of Taluka : Mahemedabad. After the death of the mother of deceased Rasila and defence witness Meena, father Govindbhai Bababhai Sharma remarried with the accused. Meenaben and deceased Rasila were given in marriage but as the deceased Rasila was young, she was not sent to her in-laws place till the date of the incident. The incident had occurred on 11th of March, 1990. On the next day of Holi, elder sister of deceased named Meena and her husband Kantilal were in the house where the incident had occurred. On full-moon day of month of Falgun i.e. Holi, accused, defence witness Meena and her husband along with others had gone to Dakor for pilgrimage and had returned before the incident. During their visit to Dakor, deceased Rasila had gone to village Jamani situated in Mahemedabad Taluka itself, the village of her real maternal uncle, and had met her maternal uncle, aunt and other family members. As she was asked to return for some reason, she had returned with his cousin brother Vijay to village Pathavat on that very day. According to the prosecution, on 11th of March, at about 7-00 a.m., accused Kamala called deceased Rasila on Vada land, land adjacent to their residential house and accused poured kerosene from jug popularly known as "Lota" on deceased, and set a fire by match-stick. Deceased extinguished the fire by rolling on and brushing with the earth and thereafter she came in the house and informed his brother-in-law (brother-in-law Kantilal) i.e. husband of elder sister defence witness Meena about burns injuries sustained by her. In turn, father and Meena who were also informed about the incident, were informed about burns injuries. Father of deceased Rasila took Rasila to Shardaben Hospital situated in the city of Ahmedabad and she was admitted in the Hospital as Indoor Patient. Police was informed by R.M.O. of the Hospital about admission of Rasila and the Police Inspector of Shaher Kotada Police Station, Mr. Raghubha Prabhatsinh Zala rushed to the hospital and recorded the complaint of injured Rasilaben. Police also arranged to record the Dying Declaration through the Executive Magistrate by necessary Yadi. After obtaining the endorsement from the concerned Doctor, Yadi was sent to the Executive Magistrate, but as for a long period of time, Police was not able to arrange for the Executive Magistrate. The Chief Medical Officer was asked to record the Dying Declaration of Rasila. According to the prosecution, the responsible Medical Officer had recorded the Dying Declaration in presence of another Dr. Mr.Sheth who put up an endorsement as to the consciousness of Rasila on the statement being recorded by in charge Doctor of the Hospital. Ultimately, Rasila, during her treatment on 12th of March, 1990 at about 11-15 P.M. succumbed to the injuries.
(3.) Initially, offence was registered with Shaher Kotada Police Station but the F.I.R. was transferred to the concerned Police Station under whose jurisdiction the incident had occurred and the Mahemedabad Police Station had registered the offence against the accused. On the death of Rasila, graver offence punishable under Sec.302 of the Indian Penal Code was registered. After arrest and investigation of the crime, Police chargesheeted the appellant. The accused, on committal, was tried by the learned Additional Sessions Judge, Kheda District at Nadiad and at the end of the trial, the learned Additional Sessions Judge found the accused guilty of the offence under Sec.302 of the I.P.C. and was imposed imprisonment for life and fine as stated above.;